Zen Fest search suit filed

Three attorneys file a federal civil rights lawsuit on behalf of all patrons who were illegally searched at the 1998 festival.

By CHASE SQUIRES

© St. Petersburg Times, published July 27, 2000

DADE CITY -- Nearly two years after the controversial Zen Festival alternative music show in Zephyrhills, a trio of attorneys has filed a federal class action civil rights lawsuit against Pasco County Sheriff Lee Cannon.

The suit, filed in a Tampa federal court last week, demands a jury trial and cash damages for at least 10,000 people who attended the Sept. 5, 1998, concert.

Land O'Lakes attorney Randall Grantham, who represented several Zen Fest patrons arrested in drug searches at the festival gates, said he is suing on behalf of everyone who had to undergo illegal searches, whether they were arrested or not.

"This case has bothered me ever since the first person who had been arrested came to me," Grantham said Wednesday. "These searches were illegal."

Controversy over the all-night music festival began as soon as the gates opened. Promoters had hired off-duty sheriff's deputies to provide security, and patrons were required to let the uniformed deputies search them before they were admitted.

Patrons reported deputies opened wallets and cigarette packs and required concertgoers to remove their shoes and socks, shake out undergarments and remove hats as they entered the gates at Festival Park, just south of Zephyrhills along U.S. 301.

Deputies arrested 43 people after searching them for drugs as they entered. Most cases were resolved with pleas or involved misdemeanor charges handled in county court, but 11 felony suspects challenged the searches in Circuit Court through Grantham and the public defender's office.

The Circuit Court tossed out the evidence, and the 2nd District Court of Appeal upheld the decision, sparing the 11 from prosecution.

In a 24-page ruling from the three-judge appeals board, the court found that deputies, even off duty, were still deputies and would be held to the same standards as any other law enforcement agent. The panel also found patrons did not surrender their rights by walking past a sign that warned of searches and rejected the state's claim that the need to find illegal drugs created an exception.

Grantham said most of the estimated 10,000 to 15,000 patrons at the show have never had their day in court, but still had their rights violated. Taking the case to federal court is unusual, he said, but such serious violations of constitutional rights should be corrected.

"It's rare for people whose rights were violated but weren't arrested to go to court," Grantham said. "It's an important case."

Grantham is suing with civil rights attorneys John D. Mallah and Jeffrey A. Blaker on behalf of lead plaintiffs Sherry Ankner of Sarasota and her brother-in-law, Scott Ankner. Both attended the concert. Neither was arrested, but Sherry Ankner's husband, Brian, was arrested and charged with possession of cocaine and marijuana. The prosecution dropped the charges after the searches were declared illegal.

The first step Grantham faces is getting a federal judge to certify the case as a class action suit, then he said he will try to notify those involved in the case. The suit could take years to resolve, but Grantham said he is determined to prove his point.

In addition to monetary damages the court would have to set if the suit is successful, Grantham also seeks a ruling forbidding such searches in the future.

Sheriff's Office spokesman Jon Powers said it is department policy to refrain from commenting on pending civil litigation.

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